Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 08, 2008

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:03 p.m. Absent – Councilmember Spring

Ceremonial Matters:

Berkeley Opera Week/ Luanne Rogers

City Manager Comments: Family Caring Day, Saturday, August 2, 2008

Public Comment on Non-Agenda Matters: 6

Public Comment on Consent Calendar and Information Items Only: 2

Consent Calendar

Action: M/S/C (Moore/Worthington) to adopt Consent Calendar in one motion except as indicated:

8. Levying a Special Tax for FY 2009 to Fund the Provision of Library Services (pdf)
From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,049–N.S. to set the FY 2009 tax rate for the Library Services Tax at $0.1569 (15.69 cents) per square foot for dwelling units and $0.2374 (23.74 cents) per square foot for industrial, commercial, and institutional buildings.Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300Action: Adopted first reading of Ordinance No. 7,053–N.S. revised to include tax rates of $0.1569 (15.69 cents) per square foot for dwelling units and $0.2374 (23.74 cents) per square foot for industrial, commercial, and institutional buildings. Noes–Worthington; Absent–Spring

13. Contract No. 7187: Amendment to the Parking Citation Administration - City of Inglewood (pdf)
From: City ManagerRecommendation: Adopt a resolution authorizing the City Manager to amend Contract No. 7187 for the City of Inglewood for parking citation administration for the period FY 06 through FY 08, increasing the amount by $150,000 not to exceed $550,000 annually.Financial Implications: General Fund - $150,000
Contact: Lisa Caronna, Deputy City Manager, 981-7000Action: Adopted Resolution No. 64,117–N.S. Absent–Spring

14. Increase Community Service Hourly Credited Rate (pdf)
From: City ManagerRecommendation: Adopt a resolution authorizing the City Manager to increase the hourly credited work rate from $7.00 to $8.00 for Community Service in lieu of payment for parking citations.Financial Implications: None.
Contact: Robert Hicks, Finance, 981-7300Action: Adopted Resolution No. 64,118–N.S. Absent–Spring

15. Contract No. 6972 Amendment: UNILAB-Quest Diagnostics Laboratory - Laboratory Services (pdf)
From: City ManagerRecommendation: Adopt a resolution authorizing the City Manager to execute an amendment to Contract No. 6972 with UNILAB-Quest Diagnostics Laboratory to increase the amount by $93,363 for a total not to exceed $283,363, and to extend the term to September 30, 2008.Financial Implications: See report.
Contact: Fred Medrano, Health and Human Services, 981-5100Action: Adopted Resolution No. 64,119–N.S. Absent–Spring

16. Administrative Transfer of Shelter Plus Care Grant (pdf)
From: City ManagerRecommendation: Adopt a resolution ratifying the City Manager's action to change the City of Berkeley's status in the Shelter Plus Care grant known as the "Collaborative Opportunity to Address Chronic Homelessness" (COACH), from sub-recipient of grant funds through the County of Alameda, to direct recipient of the grant from HUD.Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400Action: Adopted Resolution No. 64,120–N.S. Absent–Spring

17. Grant: 2008-09 Department of Alcoholic Beverage Control Grant (pdf)
From: City ManagerRecommendation: Adopt a resolution authorizing the City Manager to execute a grant contract and any subsequent amendments with the State of California to accept Department of Alcoholic Beverage Control (ABC) Grant funding and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.Financial Implications: Grant Revenue - $89,306
Contact: Douglas N. Hambleton, Police, 981-5900Action: Adopted Resolution No. 64,121–N.S. Absent–Spring

18. Lease Agreement: Sun Wo Han for a Retail Clothing Store at 2440 Durant Avenue (pdf)
From: City ManagerRecommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Sung Wo Han for the purpose of operating a retail clothing store located at 2440 Durant Avenue in the Telegraph Channing Garage Shops, generating $52,610 in revenue from August 7, 2008 to August 31, 2013 with an additional lease option of five years.Financial Implications: See report.Contact: Claudette Ford, Public Works, 981-6300Action: Adopted first reading of Ordinance No. 7,052–N.S. Second reading scheduled for July 15, 2008. Absent–Spring

I-80 Bridge Artwork (PowerPoint)From: Civic Arts CommissionRecommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6107A with artist Scott Donahue to increase the contract amount by $25,000 for a total not to exceed $196,762 with $5,000 coming from the Public Art Fund and referring another $20,000 which has been approved by Council as part of the FY09 budget.Financial Implications: General Fund $25,000
Contact: Mary Ann Merker, Commission Secretary, 981-7000Action: Adopted Resolution No. 64,122–N.S. Absent–Spring

21. Formation of a Working Group- Port of Oakland's Rail Corridor Capacity Expansion (pdf)
From: Councilmembers Capitelli, Maio and MooreRecommendation: That the Mayor shall develop a working group of representatives from affected jurisdictions (Berkeley, Oakland, Albany, Richmond, Emeryville, the Port of Oakland and relevant agencies) to monitor the planning and facilitate the dissemination of information regarding the proposed rail capacity expansion along the Martinez Subdivision corridor as proposed by the Port of Oakland.Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150Action: Approved recommendation. Absent–Spring

22. City Sponsorship of the 34th Annual Solano Stroll (pdf)
From: Councilmember CapitelliRecommendation: That the City of Berkeleyco-sponsor the 2008 Solano Stroll to be held on Solano Avenue on Sunday, September 14, 2008; that the Council 1) give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media); and 2) provide services from Police, Transportation and Public Works departments as have been provided in the past, and as itemized in Financial Implications.Financial Implications: $28,185
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150Action: Approved recommendations. Absent–Spring

a. From: City ManagerRecommendation: Adopt a Resolution affirming the ZAB’s decision to approve Administrative Use Permit No. 06-20000072 to allow the construction of 1,279 sq. ft. addition to an existing single-family home by expanding the footprint of the building by 219 sq. ft. at the rear and by raising the house approximately 8', thereby resulting in a 2,490 sq. ft., two-story building with an average height of 23'.Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400b. Communications: 1. Dennis Weikel (2)Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,125–N.S. Vote: Ayes–Moore, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Abstain–Maio; Absent–Spring

1. Adopt the Ordinance without alteration within 10 days after the attachment of the City Clerk’s certificate of sufficiency to the petition (it will still be subject to referendum, under the provision of Article XIV of the Charter); or

2. Adopt a Resolution submitting the Ordinance, without alteration, to a vote of the People at the November 4, 2008 General Municipal Election and provide comments on the City Attorney’s analysis of the initiative and the ballot title.

Financial Implications: Approximately $15,000 to place measure on November 2008 ballot.
Contact: Lisa Caronna, Deputy City Manager, 981-7000

a.1. Action: M/S/C (Maio/Capitelli) to adopt Resolution No. 64,127–N.S. (Fire and Disaster Preparedness Tax) revised to include tax rates for dwelling units at $.04083 per square foot and all other property tax at $.06179 per square foot.

c.Action: M/S/C (Worthington/Anderson) to adopt Resolution No. 64,132–N.S. submitting the Ordinance, without alteration, to a vote of the People at the November 4, 2008 General Municipal Election and provide comments on the City Attorney’s analysis of the initiative and the ballot title. The Initiative Ordinance contained in the Resolution revised to read as follows:

Financial Implications: $250,000 - $500,000 per designation plan such as for the currently proposed Bus Rapid Transit project, plus the cost of placing a designation plan on the ballot ($15,000), and potentially, holding a special election, (about $350,000 if conducted by mail, and more than $700,000 if conducted with polling places). Vote: Ayes–Maio, Moore, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Absent–Spring

27. Major Encroachment Permit for 161 Panoramic Way (Continued from June 24, 2008) (pdf)
From: City ManagerRecommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to Bruce and Colette Kelley to encroach into the public right-of-way fronting the northern edge of their property at 161 Panoramic Way for the purpose of constructing a pullout, driveway, and railings.Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300Action: M/S/C (Capitelli/Olds) to adopt Resolution No. 64,133–N.S. Vote: Ayes–Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates; Noes–Worthington; Absent–Spring

Recess: 9:00 p.m. – 9:13 p.m.

28. Health and Safety of Protesters at University of California, Berkeley (pdf)
From: Councilmember SpringRecommendation: City Council to inform the University of its concerns related to the health and safety of the protester at the oak grove.Financial Implications: None
Contact: Dona Spring, Councilmember, District 4, 981-7140Action: M/S/C (Capitelli/Anderson) to send a letter to Chancellor Robert Birgeneau acknowledging receipt of Vice Chancellor Brostrom’s letter and requesting that a third party be allowed to observe and confirm that the tree sitters are provided with 1800 calories per day per person, with nutritional content that meets or exceeds minimum daily requirements for human health and 5 gallons of water per day per person. Vote: Ayes–Maio, Moore, Anderson, Capitelli, Worthington, Noes - Wozniak. Abstain - Bates Absent–Spring, Olds

Action Calendar – New Business

29. Voting Delegates - League of California Cities (pdf)
From: City ManagerRecommendation: Designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Saturday, September 27, 2008, at the Long Beach Convention Center.Financial Implications: Conference fees - $475
Contact: Deanna Despain, Acting City Clerk, 981-6900Action: Moved to Consent Calendar. Upon acknowledgement of a volunteer, Mayor Bates to appoint said volunteer as the voting delegate business meeting of the Annual League of California Cities meeting to be held on Saturday, September 27, 2008, at the Long Beach Convention Center. Absent–Spring

30. Planning Commission Work Program - Fiscal Year (FY) 2009 (pdf)
From: City ManagerRecommendation: Recommend that the Council consider the attached work plan and the Planning Commission's recommendations, and adopt the Planning Commission's recommendation (as modified) for the Land Use Planning Division's work program for FY 2009.Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400Action: Discussion held. Continued to July 22, 2008.